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(영문) 서울남부지방법원 2013.09.27 2013노1111
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence of KRW 4 million (the suspended sentence of a fine of KRW 4 million) is too unfluent

2. In full view of the following: (a) the Defendant did not have any history of criminal punishment; (b) the delayed payment to victims appears to have been partially paid through the payment procedure for substitute payments; (c) the Defendant’s mistake is against his/her own fault; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and (e) the circumstances after the commission of the offense, etc., the lower court’s punishment is too uneasible and unreasonable

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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